Terms & Conditions

Terms Of Use

Welcome, and thanks for usingwww.healthyfarm.org website! When you engage in a purchase agreement provided on our site, you’re agreeing to our terms, so please take a few minutes to read over the terms of use (“Terms of Use”) below.

Summary: When you use www.healthyfarm.org website for sale and purchase transactions, you are entering into a legal agreement and you agree to all of these terms and conditions.

Please read these Terms of Use carefully before using the website and services offered by Evergreen Social Ventures Company Limited (the “Company”). These Terms of Use set out the legally binding terms and conditions for your use of the website atwww.healthyfarm.org (the “www.healthyfarm.org website”) and all services provided by the Company on the website. We may amend these Terms of Use from time to time. Please check them frequently to ensure you understand the applicable terms. These terms and conditions were last updated on September 2017.

By usingwww.healthyfarm.org website in any manner, including but not limited to visiting or browsingwww.healthyfarm.orgwebsite, you agree to be bound by these Terms of Use, including those additional terms and conditions and policies referred to here and/or available by hyperlink.

Scope

We are an online marketplace for people to buy and sell locally produced food and products. We allow local Vendors/makers (“Vendors”) to create an online booth onwww.healthyfarm.org website to connect and introduce their products, while the customers (“Customers”) can freely access to such online booth to choose and purchase high quality, naturally grown produce, local food products and other items (“Products”) on their demand.

The Company, as the e-commerce service provider, may facilitate the fulfillment of the delivery of Products purchased onwww.healthyfarm.org website but is not a party to any transactions between the Customers and the Vendors. However, the Company is not limited to become and act as a Vendor itself subject to this Terms of Use.

Whilst the Company tries to ensure that material included on the Healthyfarm.org website is correct, it has no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings.

Although hopefully a rare occurrence, there may be occasions whenwww.healthyfarm.org website is unavailable to you.

Access towww.healthyfarm.org website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide throughwww.healthyfarm.org website without notice. We shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability ofwww.healthyfarm.org website at any time or for any period.

We rely on third party providers (such as network providers, data centers and telecommunication providers) to make thewww.healthyfarm.org website and the contents therein available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant thatwww.healthyfarm.org website shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures ofwww.healthyfarm.org website as a result of our service providers.

From time to time, we may restrict access to any or all ofwww.healthyfarm.org website and to users who have registered with us. Any personal data and other information provided by you will be processed by us in accordance with ourPrivacy policy. By providing any such personal data or other information you agree to the terms of ourPrivacy policy.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Terms of Use.

To order fromwww.healthyfarm.orgwebsite, you must first register an account with us. This is not a credit account, and payment will be required upon delivery if Products are ordered.

The personal details you give to us are governed by a strict privacy policy – please see the separate document by clicking here.

In addition, you agree to abide by the Company’s policies as stated in this Terms of Use (if applicable to your activities on or use ofwww.healthyfarm.orgwebsite), as well as all other operating rules, policies and procedures that may be published from time to time onwww.healthyfarm.orgwebsite, each of which is incorporated into these Terms of Use by reference and each of which may be updated by us from time to time.

In addition, some services offered throughwww.healthyfarm.org website may be subject to additional terms and conditions published by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

You understand that a breach of any of the Terms of Use may result in your use of services onwww.healthyfarm.orgwebsite being restricted.

Password And Security

When you register to usewww.healthyfarm.org website you will be asked to create a unique password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately at healthyfarm.org@gmail.com. We would also suggest that you also change your password immediately through the Settings/ Accounts section ofwww.healthyfarm.org website.

If we have reason to believe that there is likely to be a breach of security or misuse ofwww.healthyfarm.org website, we may require you to change your password or we may suspend or cancel your account.

Please note that when you purchase Products onwww.healthyfarm.orgwebsite the resulting legal contract is between you and that Vendor and is based on the Terms of Use. Even though we may facilitate the fulfillment of the transaction, all transactions are entered into between you and the Vendor.

Each order you place shall be deemed to be an offer by you to purchase the Products from the relevant Vendors subject to the Terms of Use and the applicable Product details. After your order is placed, the Company will review and pass it on to the relevant Vendor, then decide to accept, decline, or propose changes to your order. We will get back to you with an order confirmation which includes the items to be delivered to you or replacement items if products selected are temporarily unavailable. You should carefully review these Terms of Use, the order confirmation and the applicable details on the product page in relation to the order. This order confirmation email will signify acceptance of your order (amended and agreed by you if any) and a legally binding contract will be formed between you and the Vendor. Unfortunately, you will not be able to make any amendments, corrections, or cancellations to your orders once they have been confirmed by the Company.

Vendors will do all they can to ensure that your order is fulfilled. Products are, however, subject to availability, market and weather conditions and seasonal changes so there may occasions that a Product is not available for delivery. If Vendors are unable to deliver an item you have ordered, you will not be charged for it. We will, however, bear no liability for unavailability of Products.

The images of the Products listed onwww.healthyfarm.org website are stock photographs used by Vendors for illustrative purposes only. Although Vendors make every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated onwww.healthyfarm.org website are for information purposes only.

You may submit orders for Products by using our online ordering facility onwww.healthyfarm.org website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in English and/or Vietnamese language. The facility allows you to review your order and make any corrections before submitting it to us, and by submitting the order you confirm that you have made any such corrections.

Each Product for which you click ‘Add to cart’ is added to a ‘shopping basket’ facility. You are given the opportunity to review the quantity of order of each item in your shopping basket when you choose to check out. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking ‘checkout’.

Delivery

Please note that home delivery is currently only available in a limited area identified onwww.healthyfarm.org website. For each Product sold onwww.healthyfarm.org website, the delivery area will be specified. The delivery area may differ from Product to Product.

If delivery is available to your postcode, we will make the delivery to the address provided by you at checkout.

There may be costs involved in home delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. You will be subject to a flat delivery charge in addition to the cost of your order.

The expected delivery time in Da Nang City and Quang Nam Province can range from 1-3 days, while delivery time in other provinces or cities in Vietnam can range from 5-7 days.

You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.

If we are unable to deliver to you or have to deliver late, for reasons beyond our control, for example, adverse weather conditions, vehicle breakdown, traffic congestion or supplier failure we cannot accept liability for any inconvenience or loss that this causes. However, customers may be able to cancel the order in the event of late delivery.

Please inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by emailing us on healthyfarm.org@gmail.com or calling our customer service hotline (0236 3912 686). We will replace or refund you for defective Products. However, we cannot guarantee any defects after they are transferred to you at the time of checking, payment and delivery. We will only provide replacements or refunds for Products proven to have defects incurred before the transfer to you.

Payments

The Company only accepts cash payment, and only at the time of delivery. We will never request that you provide payment information atwww.healthyfarm.org website.

You may freely leave any positive, neutral or negative feedback reviews for any Vendors and their Products at the bottom of Products module if interested. However, in all cases, we always recommended for you to provide the genuine and honest comments.

Products Returns And Exchanges

After the Company confirms your order, you will be unable to cancel or otherwise modify your order.

Return and exchange: You may return and exchange Products at the time of receipt in case Products delivered are not intact as a result of the delivery, or Products are not the same as the confirmed purchase order, or Products become expired before or on the date of delivery.

Return and refund: You may require to return Products (only applied for non-food Products) and to be refunded with the paid purchase price in case Products are found defective within three (3) days from the date of delivery. Upon the expiry of such time limit, we do not take responsibility for any defective goods.

If you wish to return non-perishable items that you have ordered because of any defects, please return your order together with your name, address, signature and the date you are returning the order to the address of Land Lot No. 27, Map No. 39, Cluster 54, An Hai Bac Ward, Son Tra District, Da Nang.

Products should be returned in or with any original packaging. Please make sure that the non-food Products must be returned in a saleable condition such that they can be returned to the relevant Vendor before we can issue the refund. We will arrange with you for defective goods to be returned to us, at your cost, and we will credit you in cash with the price of such goods within a reasonable period from the day on which return was given.

No Reliance On Information

Although we procure the Vendors to ensure that everything onwww.healthyfarm.orgwebsite is up to date and accurate, we can’t guarantee that it is.

The content onwww.healthyfarm.orgwebsite is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date. We have no obligation to verify the content of such information or to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

Limitation Of Liability

We disclaim any legal liability for the quality, safety, reliability or any events that transpire from your use of the Healthyfarm.org website.

You acknowledge that your use of the Healthyfarm.org website and its content is at your own risk.

Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other any damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability for certain damages, so this limitation or exclusion may not apply to you in its entirety.

Linking To Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

From time to time,www.healthyfarm.orgwebsite may also include links to other websites, which are not under the control of the Company. These links are provided for your convenience to provide further information. We have no control over the nature, content and availability of those sites, therefore accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Applicable Law

Your use ofwww.healthyfarm.org website, these terms and conditions and the Privacy Policy and any dispute arising in connection with them is subject to the laws of Vietnam. In the event of any dispute, you agree to submit to the exclusive jurisdiction of the courts of Vietnam.

Privacy Statement

You will have the opportunity to input your personal information onwww.healthyfarm.org website. Please see ourPrivacy Policy for further details on how we use this information.

Severability

If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.